Were You Rear Ended? Here is What to Do

Rear-end accidents are some of the most common types of crashes on the road. They happen when one vehicle strikes the back of another. A rear ended crash usually involves a lead vehicle that is moving slowly or has stopped. Another vehicle approaches too quickly or fails to slow down in time. In South Florida, rear-end crashes cause significant injuries and fatalities every year.

Were You Rear Ended? Here Is What to Do

If you were rear ended, follow these steps to protect your safety and your legal rights.

• Check on everyone involved. If someone is injured, call 911 right away.
• Contact your attorney immediately, if you have one.
• Wait for the police to arrive, unless you need immediate medical care.
• Give your statement about the accident to the police or trooper.
• Document the accident scene with photos and videos using your smartphone.
• Look for witnesses. Get their statements and contact information if possible.
• If you do not go to the emergency room, seek medical attention as soon as possible.
• Make sure you get medical care within 14 days from the date of the accident.
• Report the accident to your insurance company and the other driver’s insurer.
• Do not admit fault, even if you think you are to blame.
• Florida follows comparative negligence rules. Fault may be shared, so it’s best to stick to the facts.

Who Is at Fault in a Rear Ended Accident?

Fault in a rear ended accident usually depends on whether a driver was negligent.

Drivers are expected to do the following:

• Drive with reasonable care
• Watch for pedestrians and other vehicles
• Follow traffic lights and road signs
• Control the speed of their vehicle

Drivers should also maintain a safe distance from the vehicle in front of them. Although there is no specific distance set by law, conditions often require more space.

Drivers must be extra cautious when:

• Driving at night
• Driving in rain or snow
• Navigating heavy traffic
• Operating a heavy vehicle

The trailing driver is usually at fault, but there are exceptions.

The lead driver may be fully or partially liable if they:

• Pull out without signaling
• Reverse into another vehicle
• Tailgate another vehicle
• Drive distracted
• Intentionally cause a crash
• Have broken brake lights
• Drive under the influence

Common Causes of a Rear Ended Accident

Most rear ended accidents happen when the following driver is negligent.

Common situations include:

• A driver hits a vehicle during stop-and-go highway traffic.
• A driver ignores a stop sign and crashes into a stopped vehicle.
• A driver fails to slow down in a pedestrian zone and strikes a stopped vehicle.
• A driver misses a turn signal and rear-ends a slowing car.
• A driver crashes into a car that slows for a yellow light.
• A driver slams into a vehicle that doesn’t speed up when the light turns green.

When Both Drivers Are at Fault for a Rear Ended Accident

Sometimes both drivers share fault in a rear ended accident.

Examples include:

• The lead driver has broken brake lights, so the rear driver doesn’t know they are slowing down.
• The lead driver reverses while stopped at a traffic light.
• The lead driver slows to turn but does not use a signal.

Florida Is a Comparative Negligence State

Florida follows a comparative negligence rule. If you are rear ended but share some fault, you can still file a claim. However, the damages you recover are reduced by your percentage of fault. For example, if you are 30% at fault, you can only recover 70% of your damages.

Do I Need an Attorney After Someone Rear Ended Me?

If someone rear ended you, having an attorney is critical to protecting your rights. An experienced personal injury attorney knows how to handle your claim.

They can help with:

• Serious injuries and medical expenses that go beyond your PIP coverage
• Filing lawsuits for pain and suffering or additional damages
• Disputes over fault, which are common in rear ended accidents
• Gathering evidence and navigating complex insurance claims
• Dealing with uninsured or underinsured drivers
• Holding your insurance company accountable if they deny your valid claim (bad faith lawsuits)

Why Choose Clayton Trial Lawyers After a Rear Ended Accident?

Clayton Trial Lawyers can protect your rights after an accident. We preserve evidence, handle insurance companies, and fight for your best outcome. Insurance companies often push for quick statements after an accident. Talk to a lawyer before making any statements.

We help you:

• Get fully compensated for your vehicle and damages
• Access the best medical treatment available

What to Do If You Were Rear Ended

If you were rear ended, take immediate action to protect yourself and your rights. A rear ended accident can cause serious injuries and complicated legal issues. Contact Clayton Trial Lawyers today for guidance and representation.